Four months after a duck boat sank on Table Rock Lake, killing 17 people, federal prosecutors announced the captain of the vessel has been indicted on criminal charges.
Springfield News-Leader

Tim Garrison, United States Attorney for the Western District of Missouri, speaks during a press conference on Thursday, Nov. 8, 2018 about the indictments against the captain of a duck boat that sank on Table Rock Lake in July.(Photo: Andrew Jansen/News-Leader)

"This indictment represents the beginning, and not the end, of our efforts in this matter," Garrison told reporters. He declined to comment on other possible indictments but said the investigation is ongoing.

The allegations against McKee are that he failed to properly assess incoming weather that July evening and then missed opportunities to either help passengers escape or get the boat back to shore safely. McKee's actions, prosecutors allege, contributed to or caused the deaths of 17 people.

Prosecutors say there was lightning in the area of Table Rock Lake when McKee drove the duck boat into the water.

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Tia Coleman of Indianapolis, Indiana, speaks to members of the press in Branson about the duck boat incident that killed nine of her relatives, including her husband and three children.
Nikki Boliaux, USA Today

During the fatal voyage, prosecutors say McKee failed to tell passengers to put on their personal flotation devices and also failed to raise the boat's side curtains as it took on water. Attorneys have alleged the side curtains, in addition to the boat's canopy, trapped passengers inside the vessel as it sank.

If convicted, McKee could face 10 years in prison on each of the 17 counts, prosecutors say.

Garrison said Thursday morning that McKee was not in custody, but he would be surrendering soon. Garrison declined to say whether McKee cooperated with the U.S. Attorney's Office's investigation.

McKee's attorney, J.R. Hobbs, said Thursday that he expected McKee to make his first court appearance next week and plead not guilty. Hobbs declined to comment further on the allegations.

Ripley Entertainment, which operates the Branson Ride the Ducks operation, in addition to Ride the Ducks International, have also been sued by many survivors of the sinking and family members of the deceased.

The duck boat that sank last week on Table Rock Lake killing 17 people was raised from the bottom by crews on Monday, July 23, 2018.(Photo: Nathan Papes/News-Leader)

Those lawsuits are making their way through the court system. The U.S. Attorney's Office had asked to delay some proceedings in the lawsuits as they continued their criminal investigation.

In the lawsuits, attorneys claim the duck boat operators were negligent in ignoring weather warnings and not heeding calls to change the design of the boats after a similar tragedy in 1999 in Hot Springs, Arkansas.

The main source of debate on the civil side of things is whether Table Rock Lake is a "navigable waterway."

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If a judge in the civil cases determines that it is, then Ripley Entertainment could make their case that the 1851 Shipowner's Limitation of Liability Act applies, and damages for plaintiffs would be capped at no more than the value of the sunken vessel — which is zero dollars.

As part of their criminal indictment on Thursday, federal prosecutors allege that Table Rock Lake is a navigable water "within the admiralty jurisdiction of the United States."

Garrison explained that this determination gives the federal government jurisdiction to prosecute the case, but he declined to comment on any impact this might have on the civil lawsuits.

Garrison was also pressed Thursday on whether McKee was culpable or just following orders.

According to the National Transportation Safety Board, someone stepped onto the duck boat before it departed on its July 19 trip and advised McKee to take the water portion of the tour first after a discussion about incoming weather.

Garrison was asked Thursday if that unidentified person is under investigation.

Tim Garrison, United States Attorney for the Western District of Missouri, speaks during a press conference on Thursday, Nov. 8, 2018 about the indictments against the captain of a duck boat that sank on Table Rock Lake in July.(Photo: Andrew Jansen/News-Leader)

Garrison declined to comment but added that a captain is responsible for his vessel under federal law.

“The captain of the vessel always has a duty to operate his vessel in a safe manner, that’s why Mr. McKee is under indictment this morning,” Garrison said.

Of the 17 people who died, nine were members of the same Indiana family.

Robert Mongeluzzi, whose law firm represents survivor Tia Coleman and others, applauded the U.S. Attorney's Office on Thursday for its "methodical and laser-focused investigative work."

"We are confident that further investigation will reveal that the failures which led to this tragedy go far beyond the role of a single duck-boat captain and implicate others in the Ripley's entertainment empire," Mongeluzzi said in a statement.

Sonja Malaske, of Harrah, Oklahoma, shows a picture she took from the Branson Belle of people being pulled from the water after a Ride the Ducks amphibious vehicle capsized on table Rock Lake on Thursday night. Andrew Jansen/News-Leader

Sonja Malaske, of Harrah, Oklahoma, shows a picture she took from the Branson Belle of people being pulled from the water after a Ride the Ducks amphibious vehicle capsized on table Rock Lake on Thursday night. Andrew Jansen/News-Leader

Nine Missouri State Highway Patrol divers helped recover victims of the duck boat tragedy. Divers from Western Taney County Fire Protection District recovered three bodies Thursday evening at a depth of 40 feet. Missouri State Highway Patrol

There are nine Missouri State Highway Patrol divers in the water at Table Rock Lake as part of the search team. They can hear communications from the boats and possibly communicate to each other while underwater. Missouri State Highway Patrol